For Professor Folsom NAFTA Resources Fall 2007 LRC Reference

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For Professor Folsom NAFTA Resources Fall 2007 LRC Reference Powered By Docstoc
					                            Legal Research Center




For Professor Folsom
 NAFTA Resources
      Fall 2007
    LRC Reference Desk:
      (619) 260-4612


    lrcrefer@sandiego.edu
Melissa Fung, Foreign & International Specialist
University of San Diego Legal Research Center
Tel: (619) 260-4734
mfung@sandiego.edu



Judith Lihosit, Instruction & Outreach Specialist
University of San Diego Legal Research Center
Tel: (619) 260-4752
jlihosit@sandiego.edu
           What we will cover
   How to find materials at the LRC (and
    elsewhere too)
   Resources to help you research NAFTA
   Resources to help you research CAFTA &
    other FTA’s
   Useful Agency & Organizational Sites
How to find materials at the
  LRC (and elsewhere too)
       Searching the catalogs
Sally: The Legal Research Center’s online catalog
  (SALLY) is an index to materials held at the LRC
  and the Main Library (Copley)
    Remember that Sally can be used to find not
     just materials in our print collection, but it
     also provides direct access to materials in our
     subscription databases, and it also links to
     websites!
    You can link to Sally off of the LRC’s
     webpage, or by going directly to:
     http://sally.sandiego.edu
       Searching the catalogs
Circuit Catalog: Because USD is a member of a
  library consortium called the Circuit, you can
  search the catalogs of and borrow materials
  from any of the member libraries which include
  SDSU, UCSD, CSU San Marcos, and the San
  Diego County Library System. As you can
  imagine, this greatly increases the universe of
  materials that are accessible to you!

  Access: You can link to the Circuit catalog
  through Sally (click on the hyperlinked Circuit
  logo) or go to: http://circuit.sdsu.edu
          Searching the catalogs

   Interlibrary Loan (ILL): But that’s not
    all! If you’re looking for an item and can’t
    find it in Sally or the Circuit, then come
    ask a reference librarian if it can be
    interlibrary-loaned from a participating
    member of a worldwide network of
    libraries.
Databases & Indexes that Can
Help you Find Journal & News
           Articles
                  Full-text databases
   Lexis-Nexis: Law Reviews & Journals (Lawrev)

   Westlaw: Journals & Law Reviews (JLR)

   Hein-Online is a database that contains digital (PDF) images of law
    reviews from U.S. law schools. Although it doesn’t allow for fancy Boolean
    searching, it provides coverage back to the first issue of all journals.
      Access: through the “Legal Research Database” button through our
        home page or go to: http://www.sandiego.edu/lrc/database/

   SSRN provides access to abstracts and full-text articles for working papers
    and journals whose publishers SSRN has agreements with. You can search
    for abstracts without charge, and this is a good place to check to see what
    research is currently being conducted. Also, once you locate an article or
    working paper, you can frequently find a full-text version available through
    the author’s website. Contact a reference librarian if you do want to
    download an article that requires a fee.
        Access: to search the database, go to: http://www.ssrn.com/
               Useful journal indexes
   Legal Resource Index (LRI) is an index to articles from more than 850 journals from the
    United States, Canada, Great Britain, New Zealand, and Australia, including law reviews, bar
    association journals, and legal newspapers. Coverage begins with 1980.
        Access: either Westlaw or Lexis-Nexis (identifier is LRI).

   LegalTrac™ indexes around 875 titles including major law reviews, legal newspapers, bar
    association journals and international legal journals. Accessible only from on-campus computers.
        Access: through the “Legal Research Database” button through our home page or go to:
         http://www.sandiego.edu/lrc/database/

   Index to Foreign Legal Periodicals
       a multilingual index to articles and book reviews appearing in approximately 520 legal
        journals published worldwide.
       Access: Print (Call Number Ref K33 .I32)

   Legal Journals Index
       References to or abstracts of articles from more than 430 legal journals published in the
        United Kingdom and other European countries or covering topics pertaining to the laws of
        the European Union and its member states. Coverage begins with 1986
       Access: Westlaw (LJI)
        Copley databases
What they are: in addition to the databases
that the LRC subscribes to, you also have access
to Copley’s multi-disciplinary databases, where
you can search through abstracts and full-text
articles of journals in the area of sociology,
psychology, humanities, science, etc.

Access: through Sally, or go to:
http://marian.sandiego.edu/alldbs.htm
                      Basic Print Resources
   Agriculture in the U.S.-Dominican Republic-Central American Free Trade Agreement /
    Remy Jurenas
    LRC Microforms JK 1108 M35 Suppl. 2005 no. 05-RL-32110a

   Dispute Settlement Under NAFTA / Leon E. Trakman
    LRC Reading Room KDZ 525 T73 1997

   The Dominican Republic-Central America-U.S. Free Trade Agreement (DR-CAFTA) /
    J.F. Hornbeck
    LRC Microforms JK 1108 M35 Suppl. 2005 no. 05-RL-31870a

   Economic Globalization & Compliance with International Environmental Agreements /
    Alexander Kiss et. al., eds.
    LRC Reading Room K 3585 E29 2003

   The EU, the WTO, & the NAFTA: Toward a Common Law of International Trade?
    LRC Reading Room KZ 3092 E83 2000

   Handbook of NAFTA Dispute Settlement / Ralph H. Folsom et at.
    LRC Reading Room KDZ 944 F65
          Basic Print Resources (cont.)
   International Trade Reporter (BNA)
    LRC Reading Room KF 1975 A8 I 573

   NAFTA’s Second Decade: Assessing Opportunities in the Mexican &
    Canadian Markets / Louis E.V. Nevaer
    LRC Reading Room HF 1746 N48 2004

   International Trade & Investment in a Nutshell / Ralph H. Folsom
    LRC Reserve K 3943 F64 1996

   NAFTA & Free Trade in the Americas in a Nutshell / Ralph Folsom
    LRC Reserve KDZ 944 F653 2004

   NAFTA in a Nutshell / Ralph H. Folsom
    LRC Reading Room KDZ 944 F653 1999

   North American Free Trade Agreements / James R. Holbein & Donald J.
    Musch, eds.
    LRC Reading Room KDZ 945 A41993 A5
              Basic Print Resources (cont.)
   North American Free Trade Agreement (NAFTA): Documents & Materials
    Including a Legislative History of the North American Free Trade Agreement
    Implementation Act: Public Law 103-182 (1994)
    Available at UCSD, request via Circuit

   NAFTA Chapter 11: Investor State disputes: Litigation Against Sovereigns
    LRC Reading Room KDZ 944 A41992 N334 2000

   NAFTA Text: Final Version, Including Supplemental Agreements
    LRC Reading Room KDZ 944 A41992 A2 1994

   Regional Trade Agreements & the WTO Legal System
    LRC Reading Room K 4610 R44 2006

   The Social Construction of Free Trade: The European Union, NAFTA, &
    MERCOSUR / Francesco Duina
    LRC Reading Room HF 1713 D85 2006
 NAFTA Basics
 Text of the Agreement
Implementing Legislation
   Dispute Resolution
           Text of the Agreement
   International Legal Materials
       LRC Reading Room KZ64 .I58
       Lexis (INTLAW;ILM), Westlaw (ILM), HeinOnline
   Text and Side Agreements
       32 I.L.M. 289 (1993) (table of contents, preamble,
        parts I-III)
       32 I.L.M. 605 (1993) (parts IV-VII, annexes)
       32 I.L.M. 1480 (1993) (Environmental Cooperation)
       32 I.L.M. 1502 (1993) (Labor Cooperation)
       32 I.L.M. 1520 (1993) (Emergency Measures)
           Text of the Agreement
   NAFTA text : final version, including
    supplemental agreements Canada (1994)
       LRC Reserve KDZ944.A41992 A2 1994


   North American Free Trade Agreements
       Six volume loose-leaf service compiled and edited by
        James R. Holbein (previous head of the NAFTA
        Secretariat within the International Trade
        Administration) and Donald J. Musch
       LRC Reading Room KDZ945.A41993 A5 1992
          Text of the Agreement
   The text of the agreement is available online at:
      The NAFTA Secretariat web site
       http://www.nafta-sec-alena.org
      Worldtradelaw.net
       http://www.worldtradelaw.net/nafta/index.htm
      The Trade Compliance Center of the International
       Trade Administration
      http://www.tcc.mac.doc.gov/


   Draft negotiating texts are often available online on the
    websites above and those listed in this PowerPoint under
    Other Useful Websites
          Implementing Legislation
The implementing legislation, known as the North American Free Trade
   Agreement Implementation Act, was passed in December, 1993 (Pub. L.
   No. 103-182, 107 Stat. 2057)

   Federal Register
    Regulations implementing NAFTA for such agencies as the U.S. Customs Service and
    the International Trade Administration (Department of Commerce).

   James R. Holbein and Donald J. Musch, North American Free Trade
    Agreements
    Bibliography of Federal Register notices
    LRC Reading Room KDZ945.A41993 A5 1992

   North American Free Trade Agreement (NAFTA): Documents and Materials
    Including a Legislative History of the North American Free Trade
    Agreement Implementation Act: Public Law 103-182 (1994)
    Exhaustive legislative history of NAFTA which includes the texts of the agreement,
    chronologies, and bibliographies
    Available at UCSD, request via Circuit
    Dispute Resolution: Overview
NAFTA’s dispute resolution mechanism includes provisions for panels to
  settle disputes. The NAFTA Secretariat administers the dispute
  settlement procedure.

   NAFTA Secretariat
    Contains panel decisions (for both the NAFTA and the FTA), the
    Code of Conduct for dispute settlement, rules of procedure for
    panels, information on the status of panels and a roster of panel
    members.
    http://www.nafta-sec-alena.org

   NAFTAClaims
    A good source of information about the NAFTA dispute settlement
    process; it includes copies of recent NAFTA Claim documents.
    http://www.naftaclaims.com/
        Dispute Resolutions: Online
        Sources for Panel Decisions
   Panel decisions under NAFTA (and under the U.S.-Canada
    Free-Trade Agreement)
      Lexis (Short Name INTLAW;NAFDEC)
      Westlaw (NAFTA-BIP)


   Worldtradelaw.net
     Chapter 20 arbitral panel reports
      http://www.worldtradelaw.net/nafta20/index.htm
     Chapter 11 disputes (selected government submissions)
      http://www.worldtradelaw.net/dsc/main.htm

   U.S. Department of State NAFTA Investor-State Arbitrations
    Expropriation and other international investment disputes between
    North American investors and the governments of Canada, Mexico
    or the U.S.
    http://www.state.gov/s/l/c3439.htm
                Dispute Resolution:
                Key Print Resources
   James R. Holbein and Donald J. Musch, North American Free
    Trade Agreements
    LRC Reading Room KDZ945.A41993 A5 1992

   Ralph Folsom, Handbook of NAFTA Dispute Settlement
    Includes a description of NAFTA dispute procedures, cases decided
    under NAFTA and CFTA, and reprints of documents related to
    dispute resolution.
    LRC Reading Room KDZ944 .F65

   Leon E. Trakman, Dispute Settlement Under the NAFTA:
    Manual and Source Book
    Explains the dispute resolution process and outlines activities of
    working groups and committees.
    LRC Reading Room KDZ525 .T73 1997
            Dispute Resolution:
             Side Agreements
   The North American Agreement on Labor
    Cooperation (NAALC)
    National Administrative Offices
    http://www.naalc.org/english/nao/shtml

   The North American Agreement on
    Environmental Cooperation (NAAEC)
    Commission for Environmental Cooperation
    http://www.cec.org
 RESEARCH GUIDES AND
OTHER USEFUL WEBSITES
           RESEARCH GUIDES
   NAFTA
    Katherine Topulos, Duke Law Library
    http://www.law.duke.edu/lib/researchguides/nafta.html

   NAFTA Research
    Jeanne Rehberg, New York University School of Law
    Library
    http://www.law.nyu.edu/library/naftaguide.html

   NAFTA – Research Guide
    Harvard Law School Library
    http://www.law.harvard.edu/library/services/research/gu
    ides/international/nafta.php
          RESEARCH GUIDES
   North American Free Trade Agreement
    Broader Borders, University of San Diego
    http://www.sandiego.edu/lrc/broaderborders/nafta.html

   Basic Info and Online Sources for NAFTA and
    CAFTA Research
    Francisco Avalos and Maureen Garmon, Globalex
    http://www.nyulawglobal.org/globalex/NAFTA_CAFTA_R
    esearch.htm

   Foreign Investment Research Tips
    Dana Neacşu, Arthur W. Diamond Law Library
    http://www.law.columbia.edu/library/Research_Guides/i
    nternat_law/investment_tips
           RESEARCH GUIDES
   International Trade Law
    E.B. Williams & John Wolff Law Libraries, Georgetown
    University Law School
    http://www.ll.georgetown.edu/intl/guides/InternationalT
    radeLaw.cfm

   North American Free Trade Agreement (NAFTA)
    Electronic Information System for International Law
    (EISIL)
    http://www.eisil.org/index.php?sid=921022417&t=sub_
    pages&cat=626
           Other Useful Websites
   NAFTA Secretariat
    The NAFTA Secretariat is responsible for the administration of the
    dispute settlement provisions of the Agreement. The NAFTA
    Secretariat web site includes the text of the agreement, panel
    reports and other useful documents.
    http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx

   Worldtradelaw.net (NAFTA and Panel reports)
    Includes access to the texts of NAFTA agreements, and Chapter 20
    panel reports with summaries and analyses
    http://worldtradelaw.net/

   NAFTAClaims
    Information about NAFTA investor-state dispute settlement; copies
    of recent NAFTA legal documents
    http://www.naftaclaims.com/
              Other Useful Websites
   Appleton & Associates
    Appleton & Associates is an international law firm that specializes in international
    trade, commercial and international investment arbitration. This website contains a
    guide to the main features of the agreement and a separate section for NAFTA cases.
    http://www.appletonlaw.com/3a-Nafta.htm
    http://www.appletonlaw.com/4acases.htm

   United States-Mexico Chamber of Commerce
    Comprehensive coverage of information on the Mexican Government, information on
    the Mexican Economy, and information on studies dealing with all aspects of NAFTA
    http://www.usmoc.org/nafta.html

   Public Citizen: Global Trade Watch
    National, nonprofit public-interest watchdog organization. Includes a NAFTA report
    card, database, charts, and other publications.
    http://www.tradewatch.org

   Business Week Online
    http://www.businessweek.com
CAFTA
                                 CAFTA
U.S.T.R’s CAFTA-DR free trade page (go here for the full-text of the agreement,
   implementing legislation, policy briefs, etc.):
   http://www.ustr.gov/Trade_Agreements/Bilateral/CAFTA/Section_Index.html

USDA Foreign Agricultural Service CAFTA page:
  http://www.fas.usda.gov/itp/CAFTA/cafta.asp

White House CAFTA page: http://www.whitehouse.gov/infocus/cafta/

U.S. Export CAFTA page: http://www.export.gov/fta/CAFTA/index.asp?dName=CAFTA

Washington Office on Latin America (WOLA):
  http://www.wola.org/index.php?&option=com_content&task=blogsection&id=6&Ite
  mid=&topic=Rights+and+Development&sub=1&content_topic=CAFTA

Georgetown Law Library’s international trade research guide:
  http://www.ll.georgetown.edu/intl/guides/InternationalTradeLaw.cfm#cafta

NYU Law School’s Globalex NAFTA & CAFTA Research Guide:
  http://www.nyulawglobal.org/globalex/NAFTA_CAFTA_Research.htm

NYPL International Trade page: http://www.nypl.org/research/sibl/trade/trade.html
                      Finding Other FTA’s
Office of the U.S. Trade Representative: Provides information about (and full-text
    of) any trade agreements the U.S. is involved, both regional and bilateral. Also
    provides detailed info on U.S. WTO activities, trade “preference programs”, trade
    capacity building, and trade sector information.
    http://www.ustr.gov/Trade_Agreements/Section_Index.html

TradeAgreements.gov: (“A joint effort between the Departments of Agriculture,
   Commerce, State, Treasury and the Office of the United States Trade Representative,
   this site will be regularly updated with news about existing agreements, as well as
   pending free trade agreements with Peru, Colombia, Panama and South Korea”:
   http://www.tradeagreements.gov/

SICE Foreign Trade Information System: “the Organization of American State's
   Foreign Trade Information System - centralizes information on trade policy in the
   Americas. On the SICE Website, you will find the full texts of trade agreements in
   force for OAS Member States, new and ongoing trade policy developments,
   information on national trade-related legislation, links to international, regional and
   national sources of trade policy information and more!”
   http://www.sice.oas.org/agreements_e.asp

National Law Center for Inter-American Free Trade (Inter-Am Database): This
   is one of the LRC’s subscription databases. Some of the documents can be viewed for
   free, but for those that require a fee, please see an LRC Reference Librarian.
   Provides access to treaties, free-trade agreements, and other international
   agreements among the countries of the Americas.
   http://www.natlaw.com/treaties.htm
          Finding Other FTA’s (cont.)
Tips on Using Google: authentication, currency, quality

Ministry of Foreign Affairs of Japan Free Trade Agreement &
  Economic Partnership Agreement page: Provides access to free
  trade or economic partnership involving Japan. You may access full-
  text of the agreements, and read about ongoing negotiations and
  developments.
  http://www.mofa.go.jp/policy/economy/fta/index.html

Australia-United States Free Trade Agreement: The Australian
  Government Department of Foreign Affairs and Trade provides full-
  text of this agreement in addition to background information and
  other related resources.
  http://www.dfat.gov.au/trade/negotiations/us.html
       Note: this agreement is also available off of USTR
            Dispute resolution
   World Trade Organization (WTO) dispute
    resolution page:
    http://www.wto.org/english/tratop_e/dispu_e/di
    spu_e.htm
   Disputes under CAFTA-DR resolved under Ch. 20
    of the agreement:
    http://www.ustr.gov/assets/Trade_Agreements/
    Bilateral/CAFTA/CAFTA-
    DR_Final_Texts/asset_upload_file85_3940.pdf
Dispute Resolution Mechanisms in the U.S.
U.S. Customs & Border Protection Import Spotlight: “The Antidumping and Countervailing Duty
    (AD/CVD) program helps U.S. companies compete with foreign industry. The number of cases
    related to this area continues to grow. In addition to Customs, the Department of Commerce
    (Commerce) and U. S. International Trade Commission (ITC) have key roles in administering
    AD/CVD laws.”
    http://www.cbp.gov/xp/cgov/import/

United States Department of Commerce & the Intn’l Trade Administration (ITA): “ITA’s
    Import Administration is the agency’s lead unit on enforcing trade laws and agreements to
    prevent unfairly traded imports and to safeguard jobs and the competitive strength of American
    industry.” This department makes dumping & subsidy determinations.
    http://www.commerce.gov/

    Westlaw: FINT-ICA (ITA documents from the Federal Register from 1980-present)

United States International Trade Commission: The ITC is an independent quasi-judicial
    federal agency that investigates the effects of dumping on domestic industries. Provides access to
    the Official Harmonized Tariff Schedule. Also issues cease & desist orders for IP infringement, in
    addition to orders directing Customs to stop infringing products at the border
    http://www.usitc.gov/trade_remedy/index.htm

    Westlaw: FINT-ITC (ITC documents from 1975-present)

    LEXIS: to find ITC decisions, ALJ determinations and general counsel memos, in addition to ITC
    notices, go to: Legal > Area of Law - By Topic > International Trade > Find Statutes,
    Regulations & Administrative Materials > USITC
 Dispute Resolution Mechanisms in the U.S.

United States Court of International Trade: Formerly called the U.S. Customs
   Court. Provides for judicial review of civil actions arising out of import transactions
   and federal statutes affecting international trade.
   http://www.cit.uscourts.gov/
          Westlaw: FINT-CIT (cases from 1938)
          LEXIS: US Court of International Trade Cases (cases from 1980)

United States Court of Appeals for the Federal Circuit: “Appeals from the US Court
   of International Trade and the US International Trade Commission are heard by the
   Federal Circuit. The Federal Circuit, established by Congress in 1982, is the only US
   court of appeals defined exclusively by its jurisdiction rather than geographical
   boundaries. This site includes the rules of court, internal operating procedures, court
   opinions and decisions.”
   http://www.fedcir.gov/index.html

    Westlaw: FINT-CS (federal cases dealing with international trade from 1789-
    present)

    LEXIS: Federal Circuit - US Court of Appeals Cases
                 Useful Agency & Org. Sites

U.N. Commission on International Trade Law (UNCITRAL): “The United Nations
   Commission on International Trade Law (UNCITRAL) (established in 1966) is a
   subsidiary body of the General Assembly of the United Nations with the general
   mandate to further the progressive harmonization and unification of the law of
   international trade. UNCITRAL has since prepared a wide range of conventions,
   model laws and other instruments dealing with the substantive law that governs
   trade transactions or other aspects of business law which have an impact on
   international trade.”
   http://www.uncitral.org/uncitral/en/index.html

Free Trade Area of the Americas
“The effort to unite the economies of the Americas into a single free trade area began at
   the Summit of the Americas, which was held in December 1994 in Miami, USA. The
   Heads of State and Government of the 34 democracies in the region agreed to
   construct a Free Trade Area of the Americas, or FTAA, in which barriers to trade and
   investment will be progressively eliminated.”
   http://www.ftaa-alca.org/alca_e.asp

Organisation for Economic Co-Operation and Development: “The OECD
   groups 30 member countries sharing a commitment to democratic government and
   the market economy. Best known for its publications and its statistics, its work covers
   economic and social issues from macroeconomics, to trade,
   education, development and science and innovation.”
   http://www.oecd.org/home/0,2987,en_2649_201185_1_1_1_1_1,00.html
                 Useful Agency & Org. Sites
Global Trade Negotiations Home Page - Center For International
   Development @ Harvard: “The Global Trade Negotiations Home Page was
   launched in August 1999 to provide a centralized information resource on global
   trade negotiations. While it gathers and disseminates information and research on
   the multilateral trade system, it does not advocate any specific trade policies or
   support any particular ideology. Rather, as an academic resource, it offers an
   objective entry point to the many trade-related resources on the internet.” GTN is a
   project of the Center for International Development at Harvard University. The site
   provides articles, research papers, issue summaries, and links to other websites.
   http://www.cid.harvard.edu/cidtrade/index.html

bilaterals.org: “bilaterals.org is a collective effort to share information and stimulate
    cooperation against bilateral trade and investment agreements that are opening
    countries to the deepest forms of penetration by transnational corporations.”
    Provides news clippings of trade negotiations, deals, agreements going on worldwide.
    http://www.bilaterals.org/

Global Exchange: “Global Exchange is an international human rights organization
   dedicated to promoting political, social and environmental justice globally.”
   http://www.globalexchange.org/campaigns/wto/
       We are here to help you!
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